ALL MANIPUR GOVERNMENT ARTS AND CULTURE DEPARTMENT Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. N. Ibotombi, learned senior counsel assisted by Ms. Grace, learned counsel appearing for the petitioner-union and Ms. Ch. Sundari, learned Government Advocate appearing for the State respondents.

(2.) THE petitioner-Union is formed by casual/contract employees of the Arts & Culture Department, Govt. of Manipur and is registered under the Trade Union Act, 1926 and its registration No. is No.551 of 2002. THE particulars of the members of the petitioner-Union are mentioned in Annexure-A/2 of the writ petition and it reads as follows:-

(3.) THE respondents have filed their affidavit-in-opposition wherein it is stated that the members of the petitioner-Union, who are casual and contract employees have no right to claim for continuation in services as they are appointed without any advertisement. As per the latest decision of the Hon'ble Apex Court, no such contract and causal employee has to be directed by the Court for continuation in service. A contempt petition had been filed against the State respondents being Contempt Cas(C) No.95 of 2000 for disobedience of the directions of this Court passed in C.R. No.148 of 1998 for failure to prepare the scheme for absorption of the services of the members of the petitioner-Union in regular establishment. In the affidavit-in-opposition, the State respondents are not categorically denying the fact that the members of the petitioner-Union had been continuously serving as casual or contract employees in the Arts & Culture Department, Govt. of Manipur and also that there was one day's break i.e. 01.11.2003 in issuing the impugned order dated 30.8.2005 (Annexure-A/11 to the writ petition) for extending the terms of the services of the members of the petitioner-Union as casual/contract employees.